`
`hiQ Labs, Inc. v. LinkedIn Corp.
`Case No. 3:17-cv-03301 EMC
`
`Plaintiff’s Renewed Ex Parte Motion for Temporary Restraining
`Order and Order to Show Cause Re: Preliminary Injunction
`
`EXHIBIT A
`
`34468\6041969.1
`
`
`
`About Us | LinkedIn
`
`Case 3:17-cv-03301-EMC Document 23-1 Filed 06/22/17 Page 2 of 101
`
`About us
`
`About LinkedIn
`
`Want to know about our early days, members, metrics, and more?
`Here’s a quick view of who we are.
`
`Company Information
`
`LinkedIn's founders are Reid Hoffman, Allen Blue, Konstantin Guericke, Eric Ly and Jean-
`Luc Vaillant. LinkedIn started out in the living room of co-founder Reid Hoffman in 2002.
`The site officially launched on May 5, 2003. At the end of the first month in operation, LinkedIn
`had a total of 4,500 members in the network.
`The company has a diversified business model with revenues coming from talent solutions,
`marketing solutions and premium subscription products.
`LinkedIn's global headquarters are in Sunnyvale, California, with EMEA headquarters in
`Dublin and APAC headquarters in Singapore. LinkedIn U.S. offices are in Chicago, Los
`Angeles, New York, Omaha, San Francisco, Sunnyvale and Washington D.C. International
`LinkedIn offices are located in Amsterdam, Bangalore, Beijing, Dubai, Dublin, Graz, Hong
`Kong, London, Madrid, Melbourne, Milan, Mumbai, Munich, New Delhi, Paris, Perth, São
`Paulo, Shanghai, Singapore, Stockholm, Sydney, Tokyo and Toronto.
`LinkedIn is currently available in 24 languages: Arabic, English, Simplified Chinese, Traditional
`Chinese, Czech, Danish, Dutch, French, German, Indonesian, Italian, Japanese, Korean,
`Malay, Norwegian, Polish, Portuguese, Romanian, Russian, Spanish, Swedish, Tagalog, Thai
`and Turkish.
`LinkedIn has more than 10,000 full-time employees with offices in 30 cities around the world.
`LinkedIn started off 2012 with about 2,100 full-time employees worldwide, up from around
`1,000 at the beginning of 2011 and about 500 at the beginning of 2010.
`
`Worldwide Membership
`
`https://press.linkedin.com/about-linkedin?#[6/7/2017 2:31:09 PM]
`
`
`
`About Us | LinkedIn
`
`Case 3:17-cv-03301-EMC Document 23-1 Filed 06/22/17 Page 3 of 101
`LinkedIn operates the world’s largest professional network on the Internet with more than 500
`million members in over 200 countries and territories.
`Professionals are signing up to join LinkedIn at a rate of more than two new members per
`second.
`There are more than 40 million students and recent college graduates on LinkedIn. They are
`LinkedIn's fastest-growing demographic.
`
`https://press.linkedin.com/about-linkedin?#[6/7/2017 2:31:09 PM]
`
`
`
`About Us | LinkedIn
`
`Case 3:17-cv-03301-EMC Document 23-1 Filed 06/22/17 Page 4 of 101
`
`Regional membership
`
`158+M EMEA
`138+M USA
`118+M Asia and the Pacific
`
`https://press.linkedin.com/about-linkedin?#[6/7/2017 2:31:09 PM]
`
`
`
`About Us | LinkedIn
`
`Case 3:17-cv-03301-EMC Document 23-1 Filed 06/22/17 Page 5 of 101
`70+M LATAM
`22+M MENA
`22+M Southeast Asia
`
`
`
`
`
`For more information about our company, please visit our Company Page and check out
`our LinkedIn Blog.
`
`For more information about our Products & Services, visit our Products & Services page.
`
`For more information, please visit our Press Center. Members of the media may direct inquiries to
`press@linkedin.com
`
` © LinkedIn Corporation 2017
`
`About
`
`Cookie Policy
`
`Privacy Policy
`
`User Agreement
`
`https://press.linkedin.com/about-linkedin?#[6/7/2017 2:31:09 PM]
`
`
`
`Case 3:17-cv-03301-EMC Document 23-1 Filed 06/22/17 Page 6 of 101
`
`hiQ Labs, Inc. v. LinkedIn Corp.
`Case No. 3:17-cv-03301 EMC
`
`Plaintiff’s Renewed Ex Parte Motion for Temporary Restraining
`Order and Order to Show Cause Re: Preliminary Injunction
`
`EXHIBIT B
`
`34468\6041969.1
`
`
`
`5/26/2017
`
`User Agreement | LinkedIn
`Case 3:17-cv-03301-EMC Document 23-1 Filed 06/22/17 Page 7 of 101
`
`Sign in
`
`Join now
`
`SlideShare, a content sharing platform, and LinkedIn Pulse, a news reading application, are part of the LinkedIn family.
`
`User Agreement
`
`Who owns your content? You do.
`
`Welcome, and thanks for using LinkedIn.com, SlideShare.net, Pulse and/or
`other LinkedIn services and apps! When you use our products and services,
`you're agreeing to our terms, so please take a few minutes to read over the
`User Agreement below.
`
`Note: You are entering into a legally binding agreement.
`
`1. Introduction
`
`We are a social network and online
`platform for professionals.
`
`When you use our Services (including
`Slideshare and Pulse), you are
`entering into a legal agreement and
`you agree to all of these terms.
`You also agree to our Privacy Policy,
`which covers how we collect, use,
`share, and store your personal
`information.
`
`2. Obligations
`
`Here are some promises you make to
`us in this Agreement:
`You're eligible to enter into this
`Agreement and you are at least our
`“Minimum Age.”
`
`You'll keep your password a secret.
`You will not share an account with
`anyone else and will follow our rules
`and the law.
`
`We will update our User Agreement soon. Please see the preview.
`
`1.1. Purpose
`Our mission is to connect the world's professionals to allow them to be more productive and
`successful. Our services are designed to promote economic opportunity for our members by
`enabling you and millions of other professionals to meet, exchange ideas, learn, and find
`opportunities or employees, work, and make decisions in a network of trusted relationships.
`
`1.2. Agreement
`You agree that by clicking “Join Now” “Join LinkedIn”, “Sign Up” or similar, registering, accessing
`or using our services (including LinkedIn, SlideShare, Pulse, our related mobile apps, developer
`platforms, premium services, or any content or information provided as part of these services,
`collectively, “Services”), you are entering into a legally binding agreement (even if you are using
`our Services on behalf of a company). If you reside in the United States, your agreement is with
`LinkedIn Corporation and if you reside outside of the United States, your agreement is with
`LinkedIn Ireland Unlimited Company (each, “LinkedIn” or “we”).
`
`This “Agreement” includes this User Agreement and the Privacy Policy, and other terms that will
`be displayed to you at the time you first use certain features (such as starting a “Group,”
`downloading one of our software applications or purchasing advertisements or InMails™), as may
`be amended by LinkedIn from time to time. If you do not agree to this Agreement, do NOT click
`“Join Now” (or similar) and do not access or otherwise use any of our Services.
`
`Registered users of our Services are “Members” and unregistered users are “Visitors”. This
`Agreement applies to both.
`
`Back to Top
`
`2.1. Service Eligibility
`To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older;
`(2) you will only have one LinkedIn account (and/or one SlideShare or Pulse account, if
`applicable), which must be in your real name; and (3) you are not already restricted by LinkedIn
`from using the Services.
`
`“Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16 years old for the
`Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and
`South Korea, and (d) 13 years old for all other countries. However, if law requires that you must
`be older in order for LinkedIn to lawfully provide the Services to you (including the collection,
`storage and use of your information) then the Minimum Age is such older age. The Services are
`not for use by anyone under the age of 13.
`
`2.2. Your Membership
`As between you and others, your account belongs to you. You agree to: (1) try to choose a
`strong and secure password; (2) keep your password secure and confidential; (3) not transfer any
`part of your account (e.g., connections, groups) and (4) follow the law and the Dos and Don'ts
`below. You are responsible for anything that happens through your account unless you close it or
`report misuse.
`
`Note that for Premium Services purchased by another party for you to use (e.g. Recruiter seat
`bought by your employer), the party paying for the Premium Service controls such an account
`(which is different from your personal account) and may terminate your access to it.
`
`https://www.linkedin.com/legal/useragreement
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`1/6
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`Case 3:17-cv-03301-EMC Document 23-1 Filed 06/22/17 Page 8 of 101
`
`You'll honor your payment obligations
`and you are okay with us storing your
`payment information. Also, there may
`be fees and taxes that are added to
`our prices.
`We don't guarantee refunds.
`
`You're okay with us using our
`websites, mobile apps, and email to
`provide you with important notices.
`This Agreement applies to mobile
`applications as well. Also, you agree
`certain additional information can be
`shared with us.
`If the contact information you provide
`isn't up to date, you may miss out on
`these notices.
`
`When you share information, others
`can see, copy and use that
`information.
`
`3. Rights and Limits
`
`You own all of the content, feedback,
`and personal information you provide
`to us, but you also grant us a nonnon
`
`exclusive license to it.exc
`We'll honor the choices you make
`about who gets to see your information
`and content.
`You promise to only provide
`information and content that you have
`the right to share, and that your
`LinkedIn profile will be truthful.
`
`2.3 Payment
`If you purchase any of our paid Services (“Premium Services”), you agree to pay us the
`applicable fees and taxes. Failure to pay these fees may result in the termination of your
`subscription. Also:
`
`Sign in
`
`Join now
`
`Your purchase may be subject to foreign exchange fees or differences in prices based on
`location (e.g. exchange rates).
`
`You authorize us to store and continue billing your payment method (e.g. credit card) even
`after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to
`facilitate easy payment for new services.
`
`You must pay us for applicable fees and taxes unless you cancel the Premium Service, in
`which case you agree to still pay these fees through the end of the applicable subscription
`period. Learn how to cancel or change your Premium Services and read about LinkedIn's
`refund policy.
`
`Taxes are calculated based on the billing information that you provide us at the time of
`purchase.
`
`For LinkedIn, you can get a copy of your invoice through your account settings under “Purchase
`History” for SlideShare you can request your invoice through Customer Support.
`
`2.4. Notices and Service Messages
`You agree that we may provide notices to you in the following ways: (1) a banner notice on the
`Service, or (2) an email sent to an address you provided, or (3) through other means including
`mobile number, telephone, or mail. You agree to keep your contact information up to date.
`
`Please review your LinkedIn.com and Slideshare.net settings to control and limit what kind of
`messages you receive from us.
`
`2.5. Messages and Sharing
`Our Services allow messaging and sharing of information in many ways, such as your profile,
`slide deck, links to news articles, job postings, InMails and blogs. Information and content that
`you share or post may be seen by other Members or, if public, by Visitors. Where we have made
`settings available, we will honor the choices you make about who can see content or information
`(e.g., sharing to a group instead of your network, changing the default setting for SlideShare
`content from public to a more restricted view, limiting your profile visibility, or not letting people
`know when you change your profile, make recommendations or follow companies). Note that
`other activities, such as applying for a job or sending an InMail, are by default private, only
`visible to the addressee(s).
`
`We are not obligated to publish any information or content on our Service and can remove it in
`our sole discretion, with or without notice.
`
`Back to Top
`
`3.1. Your License to LinkedIn
`As between you and LinkedIn, you own the content and information that you submit or post to the
`
`Services and you are only granting LinkedIn the following nonexclusive license: nonexc
`A worldwide,
`transferable and sublicensable right to use, copy, modify, distribute, publish, and process,
`information and content that you provide through our Services, without any further consent,
`notice and/or compensation to you or others. These rights are limited in the following ways:
`
`a. You can end this license for specific content by deleting such content from the Services,
`or generally by closing your account, except (a) to the extent you shared it with others as
`part of the Service and they copied or stored it and (b) for the reasonable time it takes to
`remove from backup and other systems.
`
`b. We will not include your content in advertisements for the products and services of others
`(including sponsored content) to others without your separate consent. However, we have
`the right, without compensation to you or others, to serve ads near your content and
`information, and your comments on sponsored content may be visible as noted in the
`Privacy Policy.
`
`c. We will get your consent if we want to give others the right to publish your posts beyond
`the Service. However, other Members and/or Visitors may access and share your content
`and information, consistent with your settings and degree of connection with them.
`
`d. While we may edit and make formatting changes to your content (such as translating it,
`modifying the size, layout or file type or removing metadata), we will not modify the
`meaning of your expression.
`
`e. Because you own your content and information and we only have nonexclusive rights tononexc
`
`it, you may choose to make it available to others, including under the terms of a Creative
`Commons license.
`
`https://www.linkedin.com/legal/useragreement
`
`2/6
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`User Agreement | LinkedIn
`Case 3:17-cv-03301-EMC Document 23-1 Filed 06/22/17 Page 9 of 101
`You agree that we may access, store and use any information that you provide in accordance
`Sign in
`with the terms of the Privacy Policy and your privacy settings.
`By submitting suggestions or other feedback regarding our Services to LinkedIn, you agree that
`LinkedIn can use and share (but does not have to) such feedback for any purpose without
`compensation to you.
`
`Join now
`
`You agree to only provide content or information if that does not violate the law nor anyone's
`rights (e.g., without violating any intellectual property rights or breaching a contract). You also
`agree that your profile information will be truthful. LinkedIn may be required by law to remove
`certain information or content in certain countries.
`
`We may change or discontinue any of
`our Services. We can't promise to
`store or keep showing any information
`and content you've posted.
`
`3.2. Service Availability
`We may change, suspend or end any Service, or change and modify prices prospectively in our
`discretion. To the extent allowed under law, these changes may be effective upon notice provided
`to you.
`
`LinkedIn is not a storage service. You agree that we have no obligation to store, maintain or
`provide you a copy of any content or information that you or others provide, except to the extent
`required by applicable law and as noted in Section 3.1 of our Privacy Policy
`
`When you see or use others' content
`and information posted on our
`Services, it's at your own risk.
`Third parties may offer their own
`products and services through
`LinkedIn, and we aren't responsible for
`those thirdparty activities.
`
`We have the right to limit how you
`connect and interact on our Services.
`We're providing you notice about our
`intellectual property rights.
`
`3.3. Other Content, Sites and apps
`By using the Services, you may encounter content or information that might be inaccurate,
`incomplete, delayed, misleading, illegal, offensive or otherwise harmful. LinkedIn generally does
`not review content provided by our Members. You agree that we are not responsible for third
`parties' (including other Members') content or information or for any damages as result of your
`use of or reliance on it.
`
`You are responsible for deciding if you want to access or use third party apps or sites that link
`from our Services. If you allow a third party app or site to authenticate you or connect with your
`LinkedIn account, that app or site can access information on LinkedIn related to you and your
`connections. Third party apps and sites have their own legal terms and privacy policies, and you
`may be giving others permission to use your information in ways we would not. Except to the
`limited extent it may be required by applicable law, LinkedIn is not responsible for these other
`sites and apps use these at your own risk. Please see Sections 2.6 and 2.7 of the Privacy
`Policy.
`
`3.4. Limits
`LinkedIn reserves the right to limit your use of the Services, including the number of your
`connections and your ability to contact other Members. LinkedIn reserves the right to restrict,
`suspend, or terminate your account if LinkedIn believes that you may be in breach of this
`Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts).
`
`LinkedIn reserves all of its intellectual property rights in the Services. For example, LinkedIn,
`SlideShare, LinkedIn (stylized), the SlideShare and “in” logos and other LinkedIn trademarks,
`service marks, graphics, and logos used in connection with LinkedIn are trademarks or registered
`trademarks of LinkedIn. Other trademarks and logos used in connection with the Services may
`be the trademarks of their respective owners.
`
`Back to Top
`
`4. Disclaimer and Limit of Liability
`
`This is our disclaimer of legal liability
`for the quality, safety, or reliability of
`our Services.
`
`These are the limits of legal liability we
`may have to you.
`
`4.1. No Warranty
`TO THE EXTENT ALLOWED UNDER LAW, LINKEDIN (AND THOSE THAT LINKEDIN WORKS
`WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND
`REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
`PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT
`GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR
`ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON
`AN “AS IS” AND “AS AVAILABLE” BASIS.
`
`SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE
`DISCLAIMERS MAY NOT APPLY TO YOU.
`
`4.2. Exclusion of Liability
`TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS LINKEDIN HAS ENTERED INTO
`A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), LINKEDIN
`(AND THOSE THAT LINKEDIN WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE
`LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
`CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES,
`REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE
`OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR
`INFORMATION OR CONTENT).
`
`IN NO EVENT SHALL THE LIABILITY OF LINKEDIN (AND THOSE THAT LINKEDIN WORKS
`WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN
`AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR
`YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
`
`https://www.linkedin.com/legal/useragreement
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`Case 3:17-cv-03301-EMC Document 23-1 Filed 06/22/17 Page 10 of 101
`THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU
`Sign in
`AND LINKEDIN AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT,
`NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LINKEDIN HAS BEEN TOLD OF THE
`POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR
`ESSENTIAL PURPOSE.
`
`Join now
`
`SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE
`LIMITS MAY NOT APPLY TO YOU.
`
`Back to Top
`
`5. Termination
`
`We can each end this Agreement
`anytime we want.
`
`6. Dispute Resolution
`
`In the unlikely event we end up in a
`legal dispute, it will take place in
`California courts, applying California
`law.
`
`7. General Terms
`
`Here are some important details about
`how to read the Agreement.
`
`LinkedIn or You may terminate this Agreement at any time with notice to the other. On
`termination, you lose the right to access or use the Services. The following shall survive
`termination:
`
`Our rights to use and disclose your feedback;
`
`Members' and/or Visitors' rights to further reshare content and information you shared
`through the Service to the extent copied or reshared prior to termination;
`
`Sections 4, 6 and 7 of this Agreement;
`
`Any amounts owed by either party prior to termination remain owed after termination.
`
`You can visit our Help Center to learn how to close your LinkedIn account, close your Pulse
`account, or close your Slideshare account.
`
`Back to Top
`
`You agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules,
`shall exclusively govern any dispute relating to this Agreement and/or the Services. We both
`agree that all of these claims can only be litigated in the federal or state courts of Santa Clara
`County, California, USA, and we each agree to personal jurisdiction in those courts.
`
`Back to Top
`
`If a court with authority over this Agreement finds any part of it not enforceable, you and us agree
`that the court should modify the terms to make that part enforceable while still achieving its
`intent. If the court cannot do that, you and us agree to ask the court to remove that
`unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the
`English version of this Agreement is binding and other translations are for convenience only. This
`Agreement (including additional terms that may be provided by us when you engage with a
`feature of the Services) is the only agreement between us regarding the Services and
`supersedes all prior agreements for the Services.
`
`If we don't act to enforce a breach of this Agreement, that does not mean that LinkedIn has
`waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or
`your membership or use of Services) to anyone without our consent. However, you agree that
`LinkedIn may assign this Agreement to its affiliates or a party that buys it without your consent.
`There are no third party beneficiaries to this Agreement.
`
`We reserve the right to change the terms of this Agreement and will provide you notice if we do
`and we agree that changes cannot be retroactive. If you don't agree to these changes, you must
`stop using the Services.
`
`You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
`
`Back to Top
`
`8. LinkedIn “DOs” and “DON’Ts.”
`
`8.1. Dos. You agree that you will:
`Comply with all applicable laws, including, without limitation, privacy laws, intellectual
`property laws, antispam laws, export control laws, tax laws, and regulatory requirements;
`
`Provide accurate information to us and keep it updated;
`
`Use your real name on your profile;
`
`Use the Services in a professional manner.
`
`https://www.linkedin.com/legal/useragreement
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`Case 3:17-cv-03301-EMC Document 23-1 Filed 06/22/17 Page 11 of 101
`8.2. Don'ts. You agree that you will not:
`Sign in
`Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or
`objectionable content;
`
`Join now
`
`Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a
`telephone number in the “title” or any other field, or including telephone numbers, email
`addresses, street addresses or any personally identifiable information for which there is
`not a field provided by LinkedIn);
`
`Use an image that is not your likeness or a headshot photo for your profile;
`
`Create a false identity on LinkedIn;
`
`Misrepresent your current or previous positions and qualifications;
`
`Misrepresent your affiliations with a person or entity, past or present;
`
`Misrepresent your identity, including but not limited to the use of a pseudonym;
`
`Create a Member profile for anyone other than yourself (a real person);
`
`Invite people you do not know to join your network;
`
`Use or attempt to use another's account;
`
`Harass, abuse or harm another person;
`
`Send spam or other unwelcomed communications to others;
`
`Scrape or copy profiles and information of others through any means (including crawlers,
`browser plugins and addons, and any other technology or manual work);
`
`Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable
`manner;
`
`Disclose information that you do not have the right to disclose (such as confidential
`information of others (including your employer));
`
`Violate intellectual property rights of others, including patents, trademarks, trade secrets,
`copyrights or other proprietary rights;
`
`Violate the intellectual property or other rights of LinkedIn, including, without limitation,
`using the word “LinkedIn” or our logos in any business name, email, or URL except as
`provided in the Brand Guidelines;
`
`Use LinkedIn invitations to send messages to people who don't know you or who are
`unlikely to recognize you as a known contact;
`
`Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,”
`“pyramid schemes,” or any other form of solicitation unauthorized by LinkedIn;
`
`Send messages to distribution lists, newsgroup aliases, or group aliases;
`
`Post anything that contains software viruses, worms, or any other harmful code;
`
`Manipulate identifiers in order to disguise the origin of any message or post transmitted
`through the Services;
`
`Create profiles or provide content that promotes escort services or prostitution.
`
`Creating or operate a pyramid scheme, fraud or other similar practice;
`
`Copy or use the information, content or data of others available on the Services (except
`as expressly authorized);
`
`Copy or use the information, content or data on LinkedIn in connection with a competitive
`service (as determined by LinkedIn);
`
`Copy, modify or create derivative works of LinkedIn, the Services or any related
`technology (except as expressly authorized by LinkedIn);
`
`Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the
`source code for the Services or any related technology, or any part thereof;
`
`Imply or state that you are affiliated with or endorsed by LinkedIn without our express
`consent (e.g., representing yourself as an accredited LinkedIn trainer);
`
`Rent, lease, loan, trade, sell/resell access to the Services or related any information or
`data;
`
`Sell, sponsor, or otherwise monetize a LinkedIn Group or any other feature of the
`Services, without LinkedIn's consent;
`
`Deeplink to our Services for any purpose other than to promote your profile or a Group on
`LinkedIn (as set forth in the Brand Guidelines), without LinkedIn's consent;
`
`Remove any copyright, trademark or other proprietary rights notices contained in or on our
`Service;
`
`Remove, cover or obscure any advertisement included on the Services;
`
`Collect, use, copy, or transfer any information obtained from LinkedIn without the consent
`of LinkedIn;
`
`Share or disclose information of others without their express consent;
`
`Use manual or automated software, devices, scripts robots, other means or processes to
`access, “scrape,” “crawl” or “spider” the Services or any related data or information;
`
`Use bots or other automated methods to access the Services, add or download contacts,
`send or redirect messages;
`
`https://www.linkedin.com/legal/useragreement
`
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`
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`5/26/2017
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`User Agreement | LinkedIn
`Case 3:17-cv-03301-EMC Document 23-1 Filed 06/22/17 Page 12 of 101
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`
`Case 3:17-cv-03301-EMC Document 23-1 Filed 06/22/17 Page 13 of 101
`
`hiQ Labs, Inc. v. LinkedIn Corp.
`Case No. 3:17-cv-03301 EMC
`
`Plaintiff’s Renewed Ex Parte Motion for Temporary Restraining
`Order and Order to Show Cause Re: Preliminary Injunction
`
`EXHIBIT C
`
`34468\6041969.1
`
`
`
`Case 3:17-cv-03301-EMC Document 23-1 Filed 06/22/17 Page 14 of 101
`Case 3:17-cv-03301-EMC Document 23-1 Filed 06/22/17 Page 14 of 101
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